Employment Law Overview
Employment law exists to safeguard employees, ensuring they are treated fairly and not exploited by their employers.
Wage and Hour Laws in California
California has specific rules regarding wages and working hours. These include regulations about minimum wage, overtime pay, and mandated meal and rest breaks. A large number of lawsuits against employers in California relate to violations of these wage and hour standards.
A frequent issue is employers failing to correctly compensate employees for overtime work. Under California law, non-exempt employees must be paid:
- 1.5 times their regular rate for any hours worked over 8 hours in a single day, and
- 2 times their regular rate for any hours worked beyond 12 hours in one day.
Importantly, employees cannot legally waive their right to receive overtime pay.
Another common violation involves misclassifying workers as independent contractors instead of W-2 employees. This misclassification often allows employers to avoid paying proper wages and overtime. If done deliberately, this is a serious offense under California law, subject to significant penalties. The key distinction between a W-2 employee and an independent contractor lies in the level of control the employer has over how the work is performed.
Wrongful Termination
California follows an “at-will” employment model. This means that employers can generally terminate workers at any time for almost any reason—unless the reason is illegal.
Wrongful termination typically falls under two categories:
- Termination in violation of public policy
- Termination based on a protected characteristic
To claim wrongful termination based on public policy, an employee must show they were fired for:
- Refusing to break the law;
- Performing a legal duty;
- Exercising a legal right or privilege; or
- Reporting illegal conduct (known as whistleblowing).
Wrongful termination based on a protected characteristic involves being fired due to traits such as race, age, gender, religion, or other protected statuses. This form of termination constitutes discrimination.
Employees who are wrongfully terminated may be entitled to more than just lost wages—they can also seek punitive damages and compensation for emotional distress, particularly in cases of serious misconduct.
Sexual Harassment Protections
Sexual harassment is outlawed under both federal and California law. Federally, Title VII of the Civil Rights Act applies, while in California, the Department of Fair Employment and Housing (DFEH) handles such complaints.
Harassment may include:
- Offensive comments about appearance or clothing
- Sexual jokes or stories
- Leering, whistling, or unwanted physical contact
- Sexual images or graffiti
- Suggestions or pressure to engage in sexual acts
There are two main forms of sexual harassment:
- Quid Pro Quo – when a supervisor offers job benefits in exchange for sexual favors or threatens negative job consequences for refusal.
- Hostile Work Environment – when ongoing behavior makes the workplace intimidating or offensive.
What Victims Can Do:
- Tell the harasser the behavior is unwelcome and must stop.
- Report the incident to HR or a manager.
- Keep detailed records (dates, times, descriptions, witnesses).
- File a complaint with the EEOC or DFEH, or consult an employment attorney if the problem continues.
Workplace Discrimination and Harassment
Employers in California may not discriminate against employees or job applicants based on characteristics such as:
- Age
- Race or color
- Religion
- Sexual orientation
- Physical or mental disability
- Medical condition
- Pregnancy
- Ancestry
- Family or marital status
Employers with fewer than five employees may be exempt from some of these requirements.
Discrimination can include actions like refusing to hire, firing, or treating someone unfairly based on one of the protected characteristics. Harassment may involve offensive remarks, threats, or any other behavior targeting someone because of a protected trait. Employers can be held liable if they knew—or should have known—about harassment and failed to act.
Legal Remedies for Discrimination and Harassment
Victims of workplace discrimination or harassment may be eligible for several types of compensation, including:
- Emotional distress damages
- Punitive damages (to punish wrongdoing)
- Back pay and future lost earnings
- Interest on unpaid wages
- Attorney’s fees and legal costs
- Reinstatement to the previous position
Important: Filing Deadlines
Employees must first file a complaint with the DFEH within one year of the discriminatory or harassing conduct. After obtaining a “right to sue” notice, they generally have one year to file a lawsuit in court.